Excusable Delays definition
Excusable Delays means delays due to acts of terrorism, acts of war or civil insurrection, strikes, riots, floods, earthquakes, fires, tornadoes, casualties, acts of God, labor disputes, governmental restrictions or priorities, embargoes, national or regional material shortages, failure to obtain regulatory approval from any Federal or State regulatory body, unforeseen site conditions, material litigation by parties other than the Parties not caused by the Parties’ failure to perform, or any other condition or circumstances beyond the reasonable or foreseeable control of the applicable party using reasonable diligence to overcome which prevents such party from performing its specific duties or obligation hereunder in a timely manner.
Excusable Delays mean delays arising without the fault or negligence of Lessor and Lessor's subcontractors and suppliers at any tier, and shall include, without limitation:
(1) acts of God or of the public enemy,
(2) acts of the United States of America in either its sovereign or contractual capacity,
(3) acts of another contractor in the performance of a contract with the Government,
(4) fires,
(5) floods,
(6) epidemics,
(7) quarantine restrictions,
(8) strikes,
(9) freight embargoes,
(10) unusually severe weather, or
(11) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier.
Excusable Delays means delays due to acts of terrorism, acts of war or civil insurrection, strikes, riots, floods, earthquakes, fires, tornadoes, casualties, acts of God, labor disputes, governmental restrictions or priorities, embargoes, national or regional material shortages, failure to obtain regulatory approval from any Federal or State regulatory body, unforeseen site conditions, extraordinary rainfall or snowfall, or any other condition or circumstances beyond the reasonable or foreseeable control of the applicable Party using reasonable diligence to overcome which prevents such Party from performing its specific duties or obligation hereunder in a timely manner; provided, however, Excusable Delay does not include lack of financing, unanticipated or unexpected increases in the costs of construction, or errors in business judgment by a Party; and provided further that Excusable Delay shall only extend the time of performance for the period of such Excusable Delay, which shall begin on the date which the event of Excusable Delay first occurs and extend until the date which the event which has caused the Excusable Delay has been corrected or performed, or reasonably should have been corrected or performed.
Examples of Excusable Delays in a sentence
Raw material shortages, labor shortages, or system failures are not Excusable Delays, unless directly caused by an event that constitutes Excusable Delay.
Developer shall provide notice to the City if and when any such Excusable Delays occur and Developer may be granted such extensions upon presentation of reasonable evidence and/or documentation of the periods of such Excusable Delays.
For purposes of this Agreement, the phrase “good faith compliance” shall mean the following: (a) compliance by Developer with the requirements of the Existing Regulations, except as otherwise modified by this Agreement; and (b) compliance by Developer with the terms and conditions of this Agreement, subject to the existence of any specified Excusable Delays (as defined in Section 15.8 below) which prevented or delayed the timely performance by Developer of any of its obligations under this Agreement.
Subject to Article 21, Excusable Delays (Force Majeure), below, if such changes cause an increase or decrease in the cost of performance of this AGREEMENT, the parties shall promptly negotiate in good faith an equitable adjustment, and the AGREEMENT shall be modified in writing accordingly.
If a schedule showing the Work completed in less than the Contract Time is approved in writing, Contractor shall not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time.
More Definitions of Excusable Delays
Excusable Delays means any delay beyond the reasonable control of the Party affected, caused by damage or destruction by fire or other casualty, acts or omissions of the other Party, power failure, strike, shortage of materials, market conditions, unavailability of labor, delays in the receipt of any required approvals as a result of unreasonable delay on the part of the City or any other applicable governmental authority, adverse weather conditions such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures of abnormal degree or abnormal duration, tornadoes, and any other events or conditions, which shall include but not be limited to any litigation interfering with or delaying the construction of all or any portion of the Development Project in accordance with this Agreement, which in fact prevents the Party so affected from discharging its respective obligations hereunder.
Excusable Delays means any delay beyond the reasonable control of the Party affected, caused by damage or destruction by fire or other casualty, earthquake, power failure, strike, shortage of materials, unavailability of labor, delays in construction of nearby public streets, roads, right-of-way, interstate or highway, adverse weather conditions such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures of abnormal degree or abnormal duration, tornadoes, and any other events or conditions, which shall include but not be limited to any action or inaction of any Party to this Agreement or other governmental body (including any designees of the foregoing) and any litigation interfering with or delaying the construction of all or any portion of the Project in accordance with this Agreement, which in fact prevents the Party so affected from discharging its respective obligations hereunder.
Excusable Delays means the delays for performance set forth in Section 7.07 hereof.
Excusable Delays means a delay by a Party in the performance of its obligations or commitments under this Agreement that is beyond the control of such Party and not due to its fault or negligence in reasonably anticipating and avoiding such delays, including acts of God, acts of government in its sovereign capacity, launch range unavailability for Launch, acts or threat of terrorism, earthquake, riot, revolution, hijacking, fire, embargo, sabotage, or interruption of essential services such as electricity, natural gas, fuels and/or water. Notwithstanding the above, other than an Excusable Delay applicable to contractor or subcontractor, failure by a contractor or subcontractor of Customer (including the contractor responsible for manufacture of the Satellites and/or the Dispenser, and its contractors and subcontractors) to timely perform it obligations to Customer and/or deliver any Satellite, Satellite Batch, or component thereof, or Dispenser or component thereof, and/or failure of either Party timely to obtain any required governmental license, permit or authorization shall not be deemed an Excusable Delay.
Excusable Delays means a delay arising from causes beyond the control of the affected party, including acts of god or government (except to the extent such acts are undertaken by the government that owns or controls a party or of which a party is a part), terrorism, riot, revolution, hijacking, fire, embargo, sabotage, Launch Range ‘no go’ determinations or unavailability, or priority determinations by the US Government under the Defense Priorities and Allocations System (15 CFR Part 700).
Excusable Delays means, notwithstanding any definition under local law or case law, any circumstances affecting either Party which is beyond the affected Party’s reasonable control and not occasioned by its fault or negligence, such as, but not limited to, all accidents affecting its facilities or its subcontractor’s facilities (including fire, explosion, machinery breakdown, inundation), any natural events, governmental actions, hostilities, riots, war (whether declared or not), civil commotion, terrorism, sabotage, epidemics, strikes, lock-outs, quarantine, any failure from or delay on the part of Customer or the aircraft manufacturer or any third party acting on behalf of them in supplying the CFE or any related data to Supplier, any failure from Customer in supplying conforming and/or timely CFE, and any delays in certification by Airworthiness Authorities.
Excusable Delays means the delays for performance set forth in Section 7.07 hereof. "50/50 Limitation" means the limitation on reimbursement of Eligible Expenses from Pay-As-You-Go Financing set forth in 3.04(a) hereof, which limitation requires reimbursements to be paid on a 50/50 basis between Developer and the available CID Sales Tax funds.